Advisory Opinion ( Page 2 )

  • Home
  • Advisory Opinion
    •  ( Page 2 )
illegal activity

Speaking of Fraud…ABA Op. 491 Clarifies a Lawyer’s Duties To Avoid Counseling Fraudulent Conduct

by in ABA, ABA Model Rule 1.1, Advisory Opinion, American Bar Association, Attorney Client Relationship, Client Communication, client confidentiality, Ethics Opinion, legal ethics. Posted May 4, 2020
A lawyer's duty to avoid counseling or assisting in illegal conduct is often discussed in the context of litigation-- for example the production of fraudulent documents or dishonest testimony. Fraud
Tags Counseling client on fraud Misuse of attorney's services Professional misconduct Scope of representation
Read more
Amicus

Same Firm, Different Sides? New York Bar Association Okays Opposing Sides with Amicus Briefs

by in Advisory Opinion, Conflict of Interest, Uncategorized. Posted April 7, 2020
The New York State Bar Association advised that lawyers within the same firm may submit opposing amicus briefs to the Supreme Court of the United States if they act individuals rather than under the firm’s name.
Tags Amicus briefs Conflict of interest Firm Litigation New york Representation
Read more
Suspension

ABA Provides Guidance for Prosecutors Negotiating Misdemeanor Plea Agreements

by in Advisory Opinion, Attorney Client Relationship, Ethics Opinion, misdemeanor pleas, prosecutors, Uncategorized. Posted June 17, 2019
In May 2019, The American Bar Association Standing Committee on Ethics and Professional Responsibility released Formal Opinion 486, addressing a prosecutor’s obligations when negotiating a plea agreement for a misdemeanor charge with an unrepresented individual. Prosecutors
Read more
Indiana

Indiana Cautions Lawyers About Affiliations with Legal Services Companies and Out-Of-State Law Firms

by in Advisory Opinion, Attorneys Fees, Conflict of Interest, Legal Services, legal services corporations, out of state law firms, Outsourcing, Referral Services, Rules of Professional Conduct. Posted February 27, 2019
The Indiana Supreme Court Disciplinary Commission recently advised caution for attorneys who may be approached by non-lawyer companies or out-of-state law firms offering an affiliation and fee sharing to provide legal services to Indiana clients.
Read more
Attorneys

Attorneys May Respond to Negative Online Reviews

by in Advertising, Advisory Opinion, Attorney Client Relationship, confidentiality, Legal Services, negative online reviews, Professionalism, Rules of Professional Conduct, Social Media. Posted February 22, 2019
In June 2018, the Florida Bar Ethics Committee voted 18-0 to approve a Florida Bar Staff Opinion that “permits an inquiring attorney to post a limited response to a negative online review that the attorney says falsely accuses her of theft.” Attorneys
Read more